Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-02-10
BOWEN 4 KINasBURY, Prop'trs.

al presented an elaborate article against
the oonstitutional,ty of the proposed
movement to clothe the two Dakotas
with statehood powers without author
ity from the congress of the United
States. The Journal contended that
such course should not be taken and
could not be taken. This was the essence
of its argument-the sum total of its
conclusions. Without again going over
the we'll trodden path, the Press and Da-
kotaian presented the case OF the organ
izstion of the state Of Iowa, which oc-
CURED without congressional authority
and in opposition to coDgress,ona!
authority rendered and rejected. 1t
contended that what Iowa had done Da-
kota could do and that what several
other territories had done Dakota could
do. Argument relative to constitutional
inhibition is useless in the face of
numerous preoedents contrary to the
Journal version of the case. In reply to
the Press and Dakotaian the journal
omits reference to the lowe affair and
deals out another chapter upon the sub
ject OF constitutional restrictions and
the horrors of revolution. This 10 SUBJ
iect which has been debated through
three years OF valuable time and there
is perfeot familiarity with its conshtu-
tional aspects. The advocates of state
without @ congressional enabling act
are fully convinced that there would
be nothing unconstitutional in
the movement and they have not
been convinced without thorough ex-
animation and study. Their conclusions
have been published from time to time,
together with reasons therefor, and the
Journal has perhaps kept itself in the
way of reading the Revolutionary" side
OF the argument. The latest oontribu-
ton in the line Of authorities comes
from the United States supreme court.
cleaned by Judge Owen from 10 How
| ard, 446. As these conclusions OF the
supreme court may have escaped the
attention Of the Journals constitutional
lexpounder, we reproduce them. The
court says:
In the construction Of this power by
all the departments of the government
| it has been to authorize the acquisition
of territory not fit for admission, at the
| time but to be admitted as soon as its
population and situation entitle it to
admission. It is acquired to become q
state, and not to be held as colony and
governed by congress With absolute
the United States who migrate to ter
ritory belonging to the people, of the
United States cannot be raled as mere
coIonists, dependent upon the will OF the
general government and to be governed
by any laws it may think proper to i'm
pose. = Apower, there
fore, in the general government to obtain
snd hold colonies and dependent terri.
tories, over which they might legislate
without restriction, would be inconsist-
ent with its own existence in its present
form. The territory being {
part Of the United States. tho govern
ment and its citizens both enter it un
der authority OF the constitution, will
their respective rights defined anc
marked ont; and the federal government
can exercise no power over his person o
property beyond what that instrument
confers. nor lawfully deRy any righl
which il has reserved.
This is constitutional Interpretation
from the highest authority which render
void and without effect all the specia
i pleading done by the Journal. 1t state
I'm specific terms that the residents OF
territory "CANNoT BE RULED Al
MERE COLONISTS. DEPENDEN.
UPON THE WILL Or THE GEN
ERAL GOVERNMENT AND TO B]
GOVERNED BY ANY LAWS. I.
i(the general government) MA,
THINK PROPER TO IMPOSE"
this decision by the highest tribuna
of the land means amy thing it mean
that the advocates OF o state withou
congressional permission are correct i
their reasoning and their conclusion
This ruling OF the sapreme court Of th
United States is based upon the term
of the constitution itself and upon th
terms Of the ordinance Of 1877, docu
of concurrent jurisdiction 80 I.
as this section OF the national domain
concerned. The ordinance OF e17S7 d.
olarss, in reference to the divisions Of II
northwest territory then designated
"states," and "new states" but no
known as sterritories" Is. II
"And whenever any OF the said stat
Qterritories) shall have sixty thousan
free inhabitants therein, such state sha
be admitted, by it's delegates, into Il
L congress Of the United States ON {
lequal footing with the original states
all respects whatever, and SHALL B
AT LIBERTY TO FORM A PERMAl